State of Louisiana v. Korri Devon Thornton

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

20-425

STATE OF LOUISIANA

VERSUS

KORRI DEVON THORNTON

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APPEAL FROM THE
NINTH JUDICIAL DISTRICT COURT
PARISH OF RAPIDES, NO. 341,448
HONORABLE MARY LAUVE DOGGETT, DISTRICT JUDGE

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JOHN D. SAUNDERS
JUDGE

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Court composed of John D. Saunders, Candyce G. Perret, and Jonathan W. Perry,
Judges.

CONVICTION AND SENTENCE VACATED;
REMANDED WITH INSTRUCTIONS.

J. Phillip Terrell, Jr.
District Attorney
Ninth Judicial District Court
Catherine L. Davidson
Assistant District Attorney
P. O. Box 7358
Alexandria, La 71306-7358
(318) 473-6650
COUNSEL FOR PLAINTIFF/APPELLEE:
State of Louisiana

Paula C. Marx
Louisiana Appellate Project
P. O. Box 82389
Lafayette, LA 70598-2389
(337) 991-9757
COUNSEL FOR DEFENDANT/APPELLANT:
Korri Devon Thornton

SAUNDERS, Judge.

Defendant, Korri Devon Thornton, was charged by bill of information with

second degree murder, a violation of La.R.S. 14:30.1, and possession of a firearm

by a convicted felon, a violation of La.R.S. 14:95.1. After pleading not guilty to the

charges, Defendant was tried by a jury and convicted of both charges; although the

verdict on Defendant’s possession of a firearm by a convicted felon was by

unanimous jury, the second degree murder conviction was not. For his conviction of

second degree murder, the trial judge sentenced Defendant to life imprisonment at

hard labor without benefit of parole, probation, or suspension of sentence. For his

conviction of possession of a firearm by a convicted felon, the trial judge sentenced

him to serve ten years at hard labor without benefit of parole, probation, or

suspension of sentence. The trial court ordered that the sentences were to run

concurrently.

FACTS:

On June 10, 2018, Defendant, a convicted felon, shot the victim, LaShun

Henderson, after the victim arrived at a store parking lot where Defendant and his

friends had been playing dice. LaShun Henderson died at the scene.

ERRORS PATENT:

In accordance with La.Code Crim.P. art. 920, all appeals are reviewed by this

court for errors patent on the face of the record. After reviewing the record, we find

there is one error patent involving the non-unanimous jury verdict for count one. We

will address this issue in Defendant’s Assignment of Error. Additionally, we note an

error patent involving the sentence imposed for count two. Finally, we note an error

patent involving the advice given by the trial court regarding the time for filing post-

conviction relief.

As for the error patent involving the sentence for count two, the sentencing

court was required to impose a fine of not less than one thousand dollars nor more

than five thousand dollars for Defendant’s conviction of possession of a firearm by

a convicted felon. La.R.S. 14:95.1. The trial court failed to impose the mandatory

fine, rendering the sentence for possession of a firearm by a convicted felon illegally

lenient. However, this court will not consider an illegally lenient sentence unless it

is an error raised on appeal. State v. Mayfield, 18-420 (La.App. 3 Cir. 12/6/18), 261

So.3d 101, writ denied, 19-46 (La. 5/28/19), 273 So.3d 316.

Additionally, the transcript of sentencing indicates the trial court failed to

properly advise Defendant of the time limitation for filing an application for post-

conviction relief. According to the transcript, the trial court informed Defendant that

he had “32 years” to file applications for post-conviction relief after the judgment of

conviction and sentence became final. Louisiana Code of Criminal Procedure Article

930.8 provides the defendant has two years after the conviction and sentence become

final to seek post-conviction relief. Although the minutes state the trial court

informed Defendant he had “(2) years to file a Motion of Post Conviction Relief,”

the transcript prevails when it conflicts with the minutes. State v. Wommack, 00-137,

(La.App. 3 Cir. 6/7/00), 770 So.2d 365, writ denied, 00-2051 (La. 9/21/01), 797

So.2d 62. Even though the “32-year” comment may be a typographical error rather

than an actual erroneous statement by the trial court, out of an abundance of caution,

we direct the trial court to inform Defendant of the provisions of La.Code Crim.P.

art. 930.8 by sending written notice to Defendant within ten days of the rendition of

this opinion and to file written proof in the record that Defendant received the notice.

State v. Williams, 19-718 (La.App. 3 Cir. 5/6/20), 298 So.3d 326, writ denied, 20-

644 (La. 11/4/20), 303 So.3d 649.

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ASSIGNMENT OF ERROR:

Defendant’s conviction for second degree murder was returned by a

nonunanimous jury. Accordingly, he contends his conviction should be vacated as

required by Ramos v. Louisiana, 590 U.S. ––––, 140 S.Ct. 1390, 206 L.Ed.2d 583

(2020). The State agrees with Defendant’s argument.

Although the concurring justices in Ramos did not join in all parts of the

majority opinion, the Supreme Court unambiguously determined that nonunanimous

verdicts are not permitted by the Sixth Amendment to the United States Constitution.

The prohibition applies to the states through the Fourteenth Amendment. Id. at p.

1397; see also concurrences by Justices Sotomayor, Kavanaugh, and Thomas. The

decision applies to cases pending on direct review.

Defendant’s case was still in the process of direct review at the time of the

Ramos decision. Thus, Ramos applies and requires Defendant’s conviction for

second degree murder by a nonunanimous jury to be vacated.

CONCLUSION:

We vacate Defendant’s conviction and sentence for second degree murder and

remand the case for a new trial pursuant to Ramos. Additionally, as to the conviction

for possession of a firearm by a convicted felon, we direct the trial court to inform

Defendant of the provision of La.Code Crim.P. art. 930.8 by sending written notice

within ten days of the rendition of this opinion and to file written proof in the record

that Defendant received the notice.

CONVICTION AND SENTENCE VACATED; REMANDED WITH
INSTRUCITONS.

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